Whether you were a passenger in an Uber or Lyft vehicle — or driving in your own vehicle leading up to a crash caused by a rideshare driver in Michigan — there are several steps you must take regardless of what type of car accident you are involved in. Most important, you must ensure your injury does not require immediate medical attention.

The following are the important steps you must take after an Uber or Lyft accident:

1. CONTACT THE POLICE

• You need to report the collision to law enforcement officials. When the police arrive at the scene of the accident, they can file a police report, which can be used as evidence for your accident claim or personal injury lawsuit.

2. DOCUMENT THE SCENE

• Using your smartphone, take pictures or record videos of the crash scene. Capture as many photos or videos as you can of all vehicles involved, and from multiple angles. Also, capture a panoramic shot of the entire scene. All of these are considered important pieces of evidence to insurers and the courts.

3. EXCHANGE INFORMATION

• Obtain the other driver’s contact and insurance information. If you are involved in a multi-vehicle accident, you must exchange information with every driver involved.

4. REPORT THE ACCIDENT TO THE RIDESHARE COMPANY

• One step that differs from other types of crashes is reporting the incident to Uber or Lyft. Once you reach out to their agents, provide an accident report so that they can start the claims process on their end.

5. CALL YOUR INSURANCE AGENT

• Contact your insurer and inform them you were involved in a collision, but only provide basic information about the crash.

Keep in mind, that all drivers must have PIP insurance under Michigan law, which means drivers generally would have to file a claim with their insurance carrier following an accident. However, if a passenger is involved in an Uber or Lyft accident — and suffers an injury — recovering compensation from a PIP claim could be more difficult. Passengers generally can file a claim against the driver’s insurance.

Our legal team has more than 50 years of experience handling personal injury claims throughout Southeast Michigan.

If you have been injured in a rideshare accident in the Detroit metropolitan area, call Turner & Turner PC at (248) 355-1727 to schedule a free consultation and discuss your options.

However, when it comes to your insurer, you may have a duty under your policy to notify them of the crash, and provide certain information to help them prepare for a potential claim. Although you may need to communicate with your insurance company, be careful of what information you provide

Your Insurer is Not Your Advocate

When it comes to claims involving injuries, insurance companies do not advocate for — or serve — their policy holders … in this case, you. Their goal is to limit the company’s liability and compensation they pay on a claim.

To accomplish that goal, insurers leverage their conversations with you, and other parties, to find any basis to deny or limit your monetary compensation. Anything you say to your insurance representative via phone, email, or message is information they can use against you.

Do Not Apologize for Anything

It is often people’s nature to become apologetic in stressful situations. Refrain from saying “sorry” or apologizing to the insurance representative regarding information about who was at fault in the crash. The insurer can use this as your admission of guilt for the accident.

Do Not Tell Them What You Think Occurred

Another common mistake many accident victims make (when speaking to insurers) is wanting to hypothesize and go over how they believe the accident happened. Although you may feel that your version of the events clearly shows the other parties’ fault, remember other witnesses or facts may paint a different picture.

An experienced insurer may take speculative statements you offer — trying to be helpful — and use that to flip the blame onto you for the accident, or your injuries. Do not respond to the insurer’s questioning, and refuse a recording of your conversation unless you have the advice of legal counsel.

Do NOT Say You Are “Feeling Fine” or “Doing OK”

The insurer will ask how you feel or how you are doing in an initial conversation with you, post-crash. These are not mere pleasantries or small talk, but gauge the seriousness of your car accident injuries. (And try gaining insight into the consequences of the accident and your recovery.)

Do not make any statements about your physical, mental, or emotional state to the insurance company until you are certain what your condition and treatment needs are. Usually this will be long after the crash.

NEVER Admit the Accident Was Your Fault

Motor vehicle accidents are often highly emotional and traumatic experiences. There may be severe injuries, destruction of vehicles and property, or fatalities. People may feel guilty about the events and question what they did wrong. While you may think you were at fault, an investigation might reveal that other forces at play caused the accident.

You should be hesitant to admit fault — unless and until it is clear there were no other contributing factors. If evidence ultimately shows you are not to blame, you cannot easily undo your previous admissions to an insurance representative.

It is the insurer’s responsibility, or another party claiming you are at fault, to look at the evidence available and determine fault after a crash. Of course, do not be dishonest with your insurer if, indeed, a crash was your fault.

Do Not Divulge Details on Your Injuries or Recovery

The insurance company will ask about your injuries and diagnosis, especially in cases where you went to the emergency room after the accident. If they pressure you to answer, reply that you are still receiving treatment and are currently unable to provide additional information.

While you may think that explaining the extent of your injuries helps your case, you may inadvertently cause complications and delays, or give information that limits the value of your claim before all the information is available.

Do Not Give Them Any Information Beyond the Basics

It’s difficult to navigate a conversation with your insurer without falling into their attempt to gather additional information about your case. Stick to the facts, what you know, and the accident’s basic information.

If you find your conversation veering off into uncertain topics, redirect the conversation however you can to the facts. The only information your insurer truly needs is the date of the accident, your name, and your contact information.

Refer the Insurer to Your Attorney; If You Don’t Have One, Hire One

Once you undergo medical treatment for injuries after a crash, your priority is hiring a lawyer. Insurance companies are persistent and may contact you before you can meet with and hire an attorney.

Notify the insurer that you are in the process of obtaining a lawyer to represent you. This statement may lead the insurer to limit questions and give you time to complete your search for the right attorney.

Contact Turner Law if you have been in a motor vehicle accident where you or other parties have suffered injuries. Do not travel this road alone. It could be very costly. Call Turner & Turner today at (248) 355-1727 for your free consultation.

If you have been in an accident and have the ability to photograph (or ask someone else on the scene) the damage caused, don’t waste the opportunity to create a documentary trail that could be crucial evidence in the event you need to litigate.

Virtually every attorney will tell you to document your ideal in full, including keeping a journal and taking photographs throughout your ordeal. Photographs of any sustained injuries throughout various stages of progression (at the accident scene, at the hospital, after the hospital, and intermittently thereafter), including medical equipment you may be required to wear or use (such as sutures, braces, casts, orthopedic walking boots, bandages, etc.) can be helpful in establishing the validity and extent of your claim. These elements help bolster your claim and provide documented proof of your injury, and your subsequent pain and suffering.

Especially helpful are photographs of your damaged automobile or motorcycle because they will clearly show the type of damage and its extent to your vehicle as well as the violent forces your body was subjected to in the collision. Photographs of the accident scene and of the other party’s damaged car or truck (including its license plates), can also be quite valuable to your claim.

Give all copies of these photographs to the attorneys at Turner & Turner. Your photos, which we can present as exhibits to any liable parties, including insurance companies and other responsible parties to any subsequent lawsuit, will help in presenting a clearer understanding of the situation you have endured in its entirety.

If litigation becomes necessary, those photographs will help a mediator better understand the value of your claim; and, beyond that, your photographs can be used by a judge or jury to help bolster your case so an accurate decision and amount of compensation can be rendered.

BACKUP and MAKE COPIES

Any documentation, including photos taken and stored on your phone, should be backed up to ensure nothing gets lost. Apps like Google Photos and Apple Photos can be configured to automatically sync your phone and store a copy of photos in a cloud storage site.

Similarly, any memorializing you do, like keeping a journal and recounting the accident, or documenting your injuries and the process of healing, should be backed up. If it is electronic, store copies on a peripheral device like a thumb drive. Make a third backup onto a cloud server. Don’t rely on the storage of one source (your phone, computer, etc.), because accidents happen. Things break and items can get lost. Being redundant with your evidence ensures its availability.

Call Turner Law today and learn how we can help you receive compensation for an injury sustained due to negligence, recklessness, or another fault beyond your control, but not the person or entity where your injury occurred.

Call Turner today at (248) 355-1727.

Is it Illegal to Drive with Interior Lights On? 

The interior lights in cars can become a safety hazard, especially when driving at night. A lot of people assume that having the lights in the car at night is illegal, but it depends on individual state statutes.

In short, Michigan has no law specifically prohibiting driving with interior cabin lights illuminated, according to Michigan State Police Traffic Services Section, Sgt. Jill Bennett. “Michigan law does not specifically say that you cannot have it on,” Bennett told the MLive news service in a 2020 interview.

However, the sergeant added that because there are other laws that do regulate light emissions from cars, driving with your dome light on could be an invitation for a traffic stop. After that, depending on what other factors may have prompted police intervention, all bets are off.

The most relevant section of law for this question, Bennett said, is the part of the Michigan Vehicle Code addressing external lights on vehicles, simply because there is not much in the law one way or other addressing interior lights.

When drivers are using the interior lights while driving, they may still be subject to getting a ticket even though the law does not directly address its legality since it can be interpreted as a distraction to other drivers, affecting another motorist’s ability to drive safely. In short, a trooper or local officer can issue tickets citing safety issues.

As with many “interpretive” infractions, whether or not drivers get pulled over for having illumination in the car depends on the police officer. They may let you go, ensuring that you’re not swerving or dangerously maneuvering. However, if driving abilities seem to be impaired, that white light could very well give an officer the green light to pull you over and issue a fine for having the interior car light on.

Therefore, it is always best to avoid turning on the light unless necessary and only for the amount of time needed. MSP’s Bennett clarifies in her MLive interview: “A dome light is not required vehicle equipment and is not expressly permitted in the Michigan Vehicle Code. It may be a distraction/vision obstruction for the driver. This will be left open to local interpretation.”

Is it Illegal to Have Colored Interior Lights?

There are no laws prohibiting the use of colored lights in cars. However, traffic laws do state that lights cannot “flash,” “rotate,” or “oscillate.” The bulbs on the back of the car that illuminate the license plate must be white, and the under-glow has to be less than 300 lumens.

How Dark is Too Dark for Window Tinting?

Michigan’s car window tinting laws were enacted in 2000. The percentage of visible light required for your car windows is known as Visible Light Transmission, or VLT. The percentage of light required to penetrate through film and glass in Michigan is specific and varies depending on the type of car: sedans, SUVs and vans. Michigan permits tinting front windshield and front windows (those adjacent to driver) but only top 4 inches of these windows. Tint is not allowed on any other part of these windows. (See specifics below.)

Tint Darkness for Sedans:

• Windshield: Non-reflective tint is allowed on the top 4 inches of the windshield.
• Front Side windows: Any darkness can be applied but only on top 4 inches.
• Back Side windows: Any darkness can be used.
• Rear Window: Any darkness can be used.

Tint Darkness for SUV and Vans:

• Windshield: Non-reflective tint is allowed on the top 4 inches of the windshield.
• Front Side windows: Any darkness can be applied but only on top 4 inches.
• Back Side windows: Any darkness can be used.
• Rear Window: Any darkness can be used.

Window Tint Reflection

Window tint can reflect incoming light and reduce glare and heat. Michigan window tint law permits a certain window reflection when using a tint so make sure you pay attention to this as well.

Tint Reflection for Sedans:

• Front Side windows: Must not be more than 35% reflective.
• Back Side windows: Must not be more than 35% reflective.

Tint Reflection for SUV and Vans:

• Front Side windows: Must not be more than 35% reflective.
• Back Side windows: Must not be more than 35% reflective.

Other Michigan Window Tint Rules and Regulations

Michigan does have several other important laws, rules and regulations pertaining to window tinting. They include the following:

• Side Mirrors: Vehicle must have side mirrors if rear windshield is obstructed.
• Restricted Colors: Silver and gold tint colors are explicitly prohibited in Michigan.

Medical Exceptions: Michigan allows medical exemptions for special tint.

For more details about the specific terms of the exemption, or if you believe you have been wrongly targeted for a tinting infraction, contact Turner Law for more information and to see whether you may have been a victim of police harassment. Call Turner & Turner today for your free consultation at (248) 355-1727.

*Source: https://www.tinting-laws.com/michigan/

For Further Information, Visit the Michigan State Police F.A.Q. page.

To learn about requesting an accident report, click here.

To see a sample accident report, click here.

Your accident report might be confusing to read and understand. Most people aren’t familiar with these documents and find it challenging to determine what all of the information means. Below is an outline of what you might find in your accident report so you can decipher every detail correctly.

Basic Information

Most accident reports have a box at the top of the first page with basic details about the accident, such as:

• Date and time of the collision
• Crash report number
• Name of the investigating officer
• Street, road, intersections, city or town, and state the accident happened
• Vehicle Driver Information

Details about every driver involved in the collision are in the next section. If there’s more than one driver, the report should include information for each one. The details in this section might show:

• Driver’s name, address, and phone number
• Name of the vehicle owner
• Vehicle owner’s address and phone number
• Year, color, make, and model of the car
• License plate number and vehicle identification number
• Motorist’s driver’s license number and the state of issuance
• Auto insurance company, policy number, and policyholder’s name
• Vehicle Occupants and Non-Motorists

Anyone else involved in the accident, including bicyclists, pedestrians, and passengers in the cars, will be in this section. The information provided can include:

• Name of the passengers and where they sat in the vehicle
• Name of bicyclists, motorcyclists, pedestrians, and other non-motorists
• Address and phone number of each person
• Accident Details

Another section provides information regarding the accident, such as:

• Events related to the collision, such as an impact with a pedestrian, another vehicle, or a stationary object, such as a wall or telephone pole
• The directions all involved vehicles were traveling when the crash occurred
• Road conditions
• Weather conditions
• Point of the impact, such as side, front, or rear
• Actions taken by pedestrians involved in the collision
• Whether the crash happened during the day or at night and the light conditions
• Defects each vehicle contains, such as malfunctioning brakes, worn-out tires, or broken tail lights
• Traffic citations issued for the accident
• Cause of the crash
• Additional Information

You might find additional details associated with the accident in other sections of the police report. Common information includes:

• Whether an ambulance arrived at the accident scene and transported anyone to the hospital
• Name of the EMS and hospital
• Type of damage and location on the vehicles
• Road debris, skid marks, and other details about the collision
• Injuries sustained in the crash
• The estimated cost of damage to each car involved

Diagram and Narrative

Most accident reports include a section the officer can use to describe how the accident happened. The information can consist of the events leading up to the crash, such as each driver’s actions and who the officer believes is at fault.

Typically, law enforcement can determine the cause of the crash by speaking to witnesses and the drivers, passengers, and non-motorists involved in the collision. They can reconstruct the accident using a diagram to show each motorist’s direction of travel and other movements made before and after the crash.

Why You Need an Accident Report

Most people are in shock in the immediate aftermath of a car accident. You likely feel scared and confused about what happened. It’s overwhelming when you’re faced with doctor’s appointments, medical bills, and an insurance claim. Handling all of those responsibilities yourself can seem impossible.

You should absolutely consider hiring an attorney after the accident. Your attorney can help gather the evidence you need to prove another driver’s actions caused the crash, irrespective of Michigan’s No-Fault insurance laws.

One vital piece of evidence is the accident report. If law enforcement indicated someone else was at fault, you could use the report to show the insurance company you deserve compensation for your injuries.

For more information on how to obtain, understand, and use an accident report to help prove your case, contact the attorneys at Turner & Turner PC for a free consultation by calling (248) 355-1727.

Before we get into discussions about the legality of brake checking, let’s define it: Brake checking is the act of hitting your brakes suddenly (when someone is driving too close to your bumper, also called tailgating).

Brake checking can involve slamming on your brakes at high speed, or it can be constantly tapping your brakes so the person behind you has to continually slow down or stop. Brake checking, per se, isn’t specifically illegal in Michigan; however, it is considered reckless driving, which is illegal.

Reckless driving is any kind of driving that involves wanton or willful disregard for the safety of other motorists sharing the road with you. Reckless driving can result in traffic citations and fines — even jail time — depending on the situation.

Other forms of reckless driving include speeding, driving too fast for conditions, ignoring traffic signals, driving under the influence, and drag racing. If reckless driving causes an accident, even stiffer penalties may apply, based on the unique aspects of the case.

Therefore, brake checking is actually illegal in Michigan and should be avoided at all costs. As well as fines and jail time, engaging in reckless driving can be considered a surcharge offense (similar to adding points to your driving record) that can result in a suspended license. The practical effect means you will be unable to drive for a certain period of time, making it hard to get to work, school, and other activities.

Why is Brake Checking Considered Reckless Driving?

Because it can force the person behind you to crash into your vehicle or veer into traffic to avoid hitting you. Other motorists or pedestrians could be injured or killed, and there could be widespread damage done to multiple vehicles or personal property.

Checking motorists with brakes has also been known to spark incidents of road rage. This also puts everyone in the vicinity in harm’s way.

Why Do People Brake Check?

So, what’s the motivation behind brake checking anyway? There are basically two reasons why drivers brake check other motorists. One is usually out of anger or frustration, and the second involves insurance fraud.

To be clear, there are times when any driver might need to apply their brakes suddenly, regardless of who is behind them. (For example: if a pet or child runs into the road, for instance. This is not considered brake checking.)

The reasons why people brake check provides clues as to how to avoid the phenomenon. If someone is driving too close to the rear end of your vehicle, the answer isn’t to keep pumping the brakes. Instead, use your directional signal, pull over at a safe place, and let the other party pass you.

If I Caused an Accident from Brake Checking Someone, Am I Liable?

If you’ve been hit from behind or caused another accident by brake checking someone, you may be wondering if you can be found at fault. The answer is yes, you can be liable, depending on the circumstances surrounding the accident. Not all rear-end crashes, for example, are the fault of the driver in the rear.

Despite Michigan being a no-fault state, accidents involving death or serious injuries often leads to one party being found liable. Examples of injuries that result in lawsuits include, but are not limited to:

• Broken bones
• Permanent scarring
• Disfigurement
• Disability

Normally, after an accident, each party’s own insurance covers their vehicle damage and any medical expenses. But accidents involving wrongful death or serious injury are another story.

This is why it’s essential to speak with an experienced car accident lawyer after a crash where brake checking may have occurred. This is a good time to review what to do if you’re in an accident, regardless of whether brake checking was the cause or not. Follow these steps to stay safe, protect your rights, and keep calm at the scene of a motor vehicle crash.

1. Do not leave the scene. Fleeing the scene of an accident is a crime. Always stay to speak to first responders and exchange details with other people involved, as outlined below.
2. See if anyone needs medical assistance. You or other parties may be injured. Scratches, bruising, swelling, and bleeding can be indicative of more serious injuries, as can loss of consciousness, confusion, difficulty breathing, signs of shock, and other serious symptoms.
3. Call for help. Dial 911 and report the crash, giving your name, phone number, location, and brief pertinent details. Let the 911 operator know if you need an ambulance for anyone who is injured.
4. Move out of busy traffic, if possible. Sometimes, you may not be able to move, or your vehicle isn’t drivable. But if you can, pull out of traffic to prevent further accidents, and park in a lot or side street.
5. Exchange information with other parties. You should all get each other’s names, contact information, and insurance data. Write down the make, model, and license plate number of any other vehicles in the crash.
6. Answer questions for law enforcement but do not admit liability. You may be asked what happened, so try to respond without saying too much. Never say you were at fault even if you believe you were, as there may be other factors you don’t know about.
7. Produce insurance documents, as requested. You may be asked for proof of auto insurance by law enforcement.
8. Document the scene of the accident. Take photos or video with a mobile device to show vehicles after the crash, weather, road conditions, and the like. It is your right to do this, even if police officers do so, too.
9. Seek medical treatment if needed. You may need to go to the emergency room or see your healthcare provider the next day. Be aware that you can have delayed pain or other symptoms days or even weeks after a car accident.
10. Follow up with your insurance company. You may need to file a claim. Do not admit liability with your insurance agent.

Call Turner & Turner at (248) 355-1727 if you need assistance. You may need help getting insurance compensation or seeking damages if another party was at fault.

Calls for tweaks to the reforms, which were put into motion in 2019 after Gov. Gretchen Witmer approved legislation making substantive changes to what had previously been the nation’s most generous coverage benefits for victims of auto accidents, continues.

While the original reform legislation was crafted to lower the cost of insurance coverage to drivers, the real-world consequences included a reduction of payments to those agencies that care for car crash survivors — by nearly half. Many agencies are now reporting they are going broke, which is leaving their former clients scrambling for care.

According to a report by Michigan Public Radio, an independent study found that more than 1,500 car crash survivors with severe injuries have lost care when their agencies closed. Several care recipients have reportedly died after being transferred from their homes to inadequately staffed nursing homes.

Republican leadership in the state House has so far refused to schedule any hearings to address the concerns, but some state GOP lawmakers are beginning to break ranks, including State Rep. Phil Green (R-Millington), who told Michigan Radio the reforms have created a “monumental crisis.”

Green’s bill has 57 co-sponsors including 14 Republicans and told Michigan Radio he is urging House Speaker Jason Wentworth to make sure it gets a hearing. “He told us three years ago that there would be follow up bills. I believe the Speaker needs to hold to his word, and ‘fix the fix.'”

Unsurprisingly, the Insurance Alliance of Michigan opposes Green’s bill, asserting that changes to the law would jeopardize the $400 checks that the Michigan Catastrophic Claims Association plans to send every car owner in Michigan this spring. The lobbying group also claims insurance rates — which already went up after the law was passed in 2019 — could go up even more.

The money behind the per-car-owner checks comes from a current surplus held by the catastrophic claims association, which partly grew out of the reforms enacted by the no-fault overhaul; the reforms included discontinuation of a mandate requiring long-term care for survivors with brain injuries and spinal cord injuries.

Advocates for car crash survivors, including personal injury attorneys, say the $400 checks are a red herring that serves one purpose: distract Michigan citizens from the consequences of the law, as well as the state’s failure to lower insurance rates.

Proponents of the law, including Michigan Governor Gretchen Whitmer, predicted it would make car insurance in the state affordable. Instead, the state has only dropped from “most expensive in the nation” for car insurance to “second-most expensive.”

Instead of benefitting from the reforms, the state’s drivers have only seen a slight aggregate reduction in costs while victims of catastrophic auto accidents bear the weight of unrealized reforms, and now face a secondary crisis that can be averted.

If you were injured in an auto accident and find yourself, or a loved one, in a position where benefits are being threatened, or need an advocate to discuss available options, call the attorneys at Turner Law — (248) 355-1727 — for a free consultation.

Following an automobile or truck accident, the negligent party’s insurance company will oftentimes propose a settlement in advance of litigation. Regretfully, these offers tend to be significantly lower than the compensation a plaintiff’s attorney has told their client they should expect.

The Reason for a Low-Ball Offer

In a vehicle accident injury lawsuit, there is no one method for determining damages. Instead, insurance firms use their own proprietary algorithms for assessing losses, which are designed to pay out as little money as possible in any given situation. And, because insurance firms do not reveal their formulae, it is nearly impossible to know why a specific amount is offered. However, by analyzing the following elements, attorneys at Turner and Turner can help determine a fair sense of their cognitive process.

Damages Taken into Account

After an automobile accident, you may be entitled to a number of various sorts of compensation, including:

• Medical expenses
• Lost wages
• Lost earning potential
• Damage to property
• Suffering and pain

Each of these damages will be taken into account by the insurance company when making a settlement offer. They may, however, have a different notion than you about how much it should cost to fix your automobile, or how much you should be compensated for pain and suffering. Many first compensation offers, in fact, do not account for pain and suffering whatsoever.

Setting the Reserve

Your insurance company will try to estimate the amount they will have to pay on your claim as soon as you report an accident to them. The “reserve” is the name given to this estimate. The insurance company benefits from setting the reserve early in the case. It also allows them to value the case before you know how much your entire medical treatment will cost, whether you will be left with chronic pain or other lingering symptoms; and how much pain and suffering you will experience.

Once the reserve has been established, convincing the insurance carrier to consider further damages is extremely difficult.

Policy Restraints

An insurance company will not pay out more than the policy limit, no matter how expensive your medical costs are, or how much compensation you receive. So, if your losses total $100,000 but the “at-fault” party’s policy only covers $50,000, your settlement offer will be capped at $50,000.

If Your Settlement Offer is Insufficient

If you feel a settlement offer is too low, you should contact an experienced accident lawyer at Turner and Turner soon as possible. We can work with the insurance carrier, persuading them to make a more reasonable and appropriate offer to cover your present and future damages. If negotiations fail, we can proceed with bringing an action against them in court. If your damages exceed the policy limitations, we can investigate the potential of suing the at-fault party for further damages directly, in addition to their insurance carrier.

Call Turner and Turner today at (248) 355-1727 and schedule your no-obligation, free consultation, and see what options are available. Discover how Turner Law can help you receive the compensation you deserve.

Michigan’s auto no-fault reform bill went into effect last July and the consequences are quickly being felt among accident victims. After the latest statutory reforms from the revised law introduced a new medical fee schedule, the causal effect has been a reduction of how much insurance companies are required to reimburse medical providers for certain services.

Meanwhile, advocates for survivors of catastrophic auto crashes have been saying for months that the changes would cut off their access to medical services they need to survive.

Now, slightly more than two months after the updated medical fee schedules have gone into effect, many survivors have been speaking out about how they are, in many cases, struggling to access even minimal care.

“I was struck by a pickup truck backing out of a driveway… the hitch went through my right-lower extremity, and… severely broke the leg in multiple places,” Paul Becker told a Michigan Fox TV affiliate, who was seriously injured in a July 2018 crash. “I think I’ve had nine surgeries in total, and still trying to recover from the mobility aspect.”

Fox reported Becker hadn’t had any major issues getting insurance to cover the medical services he’s needed during his recovery, that is until this past July.

“Eight o’clock in the evening, they left a message stating that, at that time, anything … from now on will no longer be covered, and it was just out of the blue, boom, you’re no longer covered for anything,” Becker explained.

“I feel like with this last six weeks without any physical therapy, I’ve literally gone backwards.”

Under the new law, any medical service not already covered under federal Medicare law, which includes in-home caregivers and transportation to medical services, will now only be reimbursed by insurance companies at 55 percent of what they were back in 2019. The law also caps the number of hours family members can provide care to just 56 hours a week, according to legal analysis.

Tom Judd, president of the Michigan Brain Injury Providers Council, said in a statement about the legal revisions, “There’s been a lot of delays, and denials, and payments on a whole, and not just the providers that we’ve been talking about for the past few months, in terms of residential and attendant care providers, but outpatient therapists are getting denied or slashed in reimbursement.”

Judd added the changes have thrown Michigan’s post-acute medical care industry into turmoil.

“Hurdles that they did not have to jump through before July 1, they’re having to jump through now, and they’re not getting any payment…. and so, the crisis is kind of expanding to places that we didn’t really think that they would be going.”

According to the Michigan Brain Injury Provider Council, more than 700 patients have already lost access to medical care, since the changes took effect in July.

At least 41 Michigan-based care companies have had to either close their doors completely or discharge patients receiving benefits via no-fault auto insurance. The MBIPC says this has already put at least 1,500 healthcare workers out of a job.

Under the new law, insurance companies still have to provide lifetime medical coverage for those who had or have unlimited personal injury protection (PIP) policies. But advocates say the changes are squeezing qualified medical professionals out of Michigan’s post-acute care industry, making quality providers scarce.

If you have been hurt in an auto accident and are concerned your coverage will not provide adequate protection for your medical needs, contact the law office of Turner and Turner for a free consultation to ensure your rights are adequately protected.

Writing down the details after an accident is more accurate than relying on your memory. After any kind of accident that could prompt you to file a personal injury claim, it’s crucial to do everything you can to protect your right to fair compensation for your losses.

One of the best first steps you can take is to write down everything you can remember about your accident, including details of your injuries and their effects on your daily life.

These notes can be useful later, when you put together a demand letter for the insurance company, or when you decide to file a personal injury lawsuit. Having notes to remind you of the details of what happened, and what you went through, is more reliable than counting on your memory.

Get into the habit of taking notes on anything you think might possibly affect your case, and carry it through the entire personal injury claim process. Whenever you remember something you had not thought of before — write it down — and put it with your other notes.

Here are some specific things about which you should make notes:

Describe How the Accident Happened

As soon as your head is clear, jot down everything you can remember about how the accident happened, beginning with what you were doing and where you were going, the people you were with, the time, and the weather.

Include every detail of what you saw and heard and felt—twists, blows, and shocks to your body immediately before, during, and right after the accident. Also include anything you remember hearing anyone—a person involved in the accident or a witness—say about the accident.

Describe Your Injuries and Their Effects on You

In the first days following your accident, make daily notes of all pains and discomfort your injuries cause. You may suffer pain, discomfort, anxiety, loss of sleep, or other problems that are not as visible or serious as another injury, but for which you should demand additional compensation.

If you don’t make a specific note of injuries immediately, you may not remember exactly what to include in your demand for settlement weeks or months later. Also, taking notes will make it easier for you later to describe to an insurance company how much and what kind of pain and discomfort you were in.

In addition, writing down your different injuries may help your doctor diagnose you. For example, a relatively small bump on the head or crick in the neck may not seem worth mentioning, but it might help both the doctor and the insurance adjuster understand why your bad back pain developed several weeks after the accident.

Also, by telling the doctor or other medical provider about all of your injuries, those injuries become part of your medical records, which will provide evidence later that such injuries were caused by the accident.

Describe Your Economic Losses and Other Effects of the Accident

You may be entitled to compensation for economic loss, missed special events, as well as for pain and suffering, but you will need good documentation. Begin making notes immediately after the accident about anything you have lost because of the accident and your injuries: work hours, job opportunities, meetings, classes, events, family or social gatherings, vacation, or anything else which would have benefited you or which you would have enjoyed but been unable to do because of the accident.

Summarize Conversations with Insurers, Witnesses, and Others

Make written notes of the date, time, people involved, and content of every conversation you have about your accident or your claim. In-person or telephone conversations worth noting may include those with any witness, adjuster, or other insurance representatives, or with medical personnel.

If you have been in an accident, and need help determining whether you may have a claim, contact the attorneys at Turner and Turner; with more than 30 years of experience advocating for the rights of accident victims, our attorneys will help you receive the compensation you deserve.

Call for a free consultation today at (248) 355-1727.